FOR THE COUNCIL MEETING OF JANUARY 17, 2023
COUNCIL AGENDA REPORT
TO:
FROM:
SUBJECT:
City Council
City Manager
Prepared by: Director of Public Works
PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
STORMWATER INSPECTION SERVICES
RECOMMENDATION:
That the City Council adopt a Resolution approving a Professional Services Agreement with Tetra Tech, Inc., to conduct construction stormwater inspection services.
BACKGROUND:
Stormwater is a term used to describe water that originates during precipitation events.
Stormwater that does not soak into the ground becomes surface runoff, which either flows into surface waterways or is channeled into storm drains. Stormwater pollution occurs when stormwater runoff comes in contact with contaminants before reaching the Santa Maria River and the Pacific Ocean. Contaminants can be automotive fluids, sediment, detergents, animal waste, pesticides, fertilizers, chemicals, trash, oils, food processing waste, and many more substances.
The City of Santa Maria proactively manages stormwater within its City limits. Historically, the City has focused on the impacts of stormwater as it relates to flood control; however, in the last decade, additional regulations have been adopted in the State of California which specifically address the discharge quality of stormwater from a City's stormwater conveyance system.
The Department of Public Works administers State and Federal pollution prevention policies for stormwater runoff, verifying that appropriate stormwater permits and plans are in place before the commencement of construction. Department staff is available to support applicants with determining which permits and plans are required and will oversee the implementation of appropriate pollution control practices during construction.
Projects that disturb more than one acre must enroll for coverage under the California Construction General Permit. Projects that disturb less than one acre may be required to enroll in the Construction General Permit if they are determined to be part of a common plan of development. Projects that are less than one acre and not part of a larger plan of development are required to submit an erosion and sediment control plan. 1 Throughout the construction process, applicants are required to implement stormwater best management practices (BMPs) as outlined in the plan(s) required for the project.
Stormwater BMPs are required year-round in the City of Santa Maria, and Public Works inspectors may issue a notice of correction and/or violation if these practices are not adhered to during construction. Failure to respond promptly with corrective action may subject the project to permit suspension, utilizing the developer's deposit to implement proper BMPs, and/or a stop work order.
DISCUSSION:
On August 8, 2022, the Public Works Department issued a Request for Proposals (RFP) for Construction Stormwater Inspection Services. The RFP closed on September 9, 2022.
Following the closure of the RFP, the submitted proposals were reviewed for consultant expertise and availability to perform the construction stormwater inspection services. Of the proposals received, Tetra Tech had the highest -rated proposal and was selected as the consultant to be recommended for the award of the professional services agreement by the selection committee.
Alternatives
1. The City Council can direct that negotiations be reopened with Tetra Tech to modify the scope of work for the project. However, the scope of work is commensurate with the anticipated effort required to provide adequate services for land development and the Public Works Capital Improvement Program and the fees are in line with industry standards.
2. The City Council can elect not to award the Professional Services Agreement to Tetra Tech, reject the proposal, and direct the solicitation of new proposals. However, the selection committee determined the Tetra Tech proposal was responsive to the RFP; Tetra Tech is an international firm with extensive experience and a local office in Santa Maria.
Environmental Review
The scope of work for this construction stormwater inspection services agreement would not create new environmental review under the California Environmental Quality Act. All projects to be inspected under this agreement would have had environmental review occur as necessary separate from this agreement prior to beginning construction and inspection.
Fiscal Considerations
There are no significant additional financial impacts to the City anticipated with this action.
The majority of construction stormwater inspection services are land development driven.
Costs incurred to perform inspections and prepare reports on each site's stormwater pollution prevention plan (SWPPP) or erosion and sediment control plan (ESCP) are recovered at the time of grading permit issuance.
Capital Improvement Projects may require construction stormwater inspection services provided by this agreement. If required, the project budget will need to identify funding at 2 the time of the project award presented to the City Council. Since this agreement is for services provided on an "on -call" basis, there will be no cost to the City if the construction stormwater inspection services are not used.
Impact to the Community
This agreement will allow the Public Works Department to continue to provide construction stormwater inspection services and ensure compliance with State and Federal regulations regarding construction stormwater runoff. The agreement is necessary to continue to provide effective service to the community.
LUIS A. MAGALLON, P.E.
Engineer III
BRETT FULGONI
Director of Public Works
Attachments: A: Professional Services Agreement for Construction Stormwater Inspection Services 3 AGREEMENT FOR PROFESSIONAL SERVICES
CONSTRUCTION STORMWATER INSPECTION SERVICES
This Agreement is made on January 1st, 2023, by and between Tetra Tech, Inc., a California Corporation ("Consultant") and the City of Santa Maria, a California Municipal Corporation and charter city ("City"), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project" and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is two years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of providing Construction Stormwater Inspection services. More specifically, Consultant agrees to perform the specific services listed in Exhibit "A."
2.3 City's Duties. City's duties under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit "B."
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit "C."
2.6 Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.
3. Consultant's Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perform this Agreement.
3.3 Status. Consultant (including its employees) is an independent contractor and all persons working for or under the direction of Consultant are its agents or employees and not agents or employees of the City. No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement. Consultant (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
Further, Consultant will defend and indemnify City, and hold it harmless, from any claim, demand or liability that is related to, or results from an assertion that as a result of providing services to City, an employee of Consultant or a person performing work pursuant to this Agreement is entitled to benefits from, or is covered by, the California Public Employee Retirement System.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this
Agreement shall be exchanged between a designated representative of the City and a representative of Consultant, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City:
Luis A. Maga116n, P.E., Engineer III
110 East Cook Street
Santa Maria, CA 93454
To Consultant:
Tim Tringali, Principal -in -Charge
3201 Airpark Dr. Ste. 108
Santa Maria, Ca 93455
If the designated representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.8 Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless
EXHIBIT "A"
SCOPE OF SERVICES
It is understood that the level of effort will be approximately 80% Land Development Construction Stormwater Inspection and SWPPP Compliance Services and approximately 20% on Capital Projects Storm Water Inspection and SWPPP Compliance Services.
2.1 LAND DEVELOPMENT CONSTRUCTION STORMWATER INSPECTION AND
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) COMPLIANCE
SERVICES
2.1.1 Perform Site Inspections
Upon request from the City, Tetra Tech will perform oversight inspections at Land Development construction sites in the City. The inspections may be scheduled with the project proponents or unannounced. When performing these types of inspections (i.e., U.S. Air Force at Vandenberg Space Force Base, County of San Luis Obispo, City of Buellton, Santa Maria Joint Unified High School District) Tetra Tech emphasizes professionalism and collaboration, which generally achieves better results. Tetra Tech understands the nuances of maintaining a good relationship with builders and the community, while also keeping the City in compliance with the stormwater regulations.
During inspections, Tetra Tech will verify required documentation is on -site, such as the project's complete and current SWPPP and site map, Notice of Intent (NOI), weekly and rain -event inspection forms, sampling documentation (if applicable), and annual reports (if applicable at that time). Tetra Tech will then verify the SWPPP and site map match the project conditions and assess best management practice (BMP) implementation is effective and being maintained. Tetra Tech will communicate findings to construction project staff while on -site whenever possible, especially if BMP deficiencies are found, as the Construction General Permit requires initiating BMP corrections within 72 hours of the finding. Tetra Tech may also review SMARTS to verify the project's uploaded SWPPP and NOI are current if the City desires.
2.1.2 Prepare Inspection Reports
All inspection findings and a summary of communication with construction project staff will be documented on an oversight inspection form. Tetra Tech has successfully used electronic data tools, such as iPads (tablets) populated with form templates and completed in the field, to maximize efficiency and increase accuracy. These tools will be available for use on this project. Inspection reports will note the inspector's name and contact information, date and time of the inspection, type of inspection performed (oversight, rain event -related, etc.) and will identify repeating findings, if applicable.
Documentation will be accurate and concise and will be peer reviewed for quality control prior to submitting to the City. Inspection reports will be generally submitted to the City within 24 business hours of the inspection. If the City wishes, Tetra Tech will also submit the report to the point of contact at the construction site.
2.1.3 Perform Re -Inspections
As needed and by City request, Tetra Tech will re -inspect sites to verify corrections to findings have been made, verify conditions or progress, or any need. These also may be announced or unannounced. Tetra Tech will communicate the results of the re -inspection to on -site staff whenever possible. All findings and communication will be documents and recorded in the inspection reports. The City's escalating enforcement procedures will be adhered to.
2.1.4 Rain Event Inspections and Sample Collection
Tetra Tech's QSP or QSP delegates will perform track all storm events and retain the National Weather Service Forecast Office's precipitation forecast. Upon City request, pre - rain inspections will be conducted within 48 hours of storm events with at 50% chance or greater of precipitation. The focus of these inspections is to assess BMPs that are being implemented and those that need maintenance or other action in preparation for the storm. Upon City request, during rain and post -rain inspections (within 48 hours following the event) will be conducted for storms yielding 0.5 inches or greater of precipitation. The focus of these inspections is to assess the effectiveness of the BMPs during the storm and the need for repair or maintenance after the storm. All findings will be documented in the inspection reports with supporting photo documentation. Upon City request, Tetra Tech will conduct stormwater monitoring at constructions sites during storms that produce
0.5 -inch or more 1 of precipitation at the time of discharge. Tetra Tech will prepare and calibrate field equipment, collect field measurements, and conduct visual monitoring of stormwater discharges. Stormwater grab samples will be analyzed in the field for pH and turbidity three times per day 1 during qualified rain events (or at the frequency desired by the City). Tetra Tech will use care to collect samples that are representative of the quality and quantity of runoff from construction activities. Additionally, if samples exceed the CGP's Numeric Action Levels (NALs), the inspector/sampler will attempt to coordinate with on -site staff during the inspection to rectify the issue causing the exceedance and inform the City as soon as practical. Field data will be recorded on a Sampling Log. Visual observations will include noting the presence or absence of floating and suspended materials, a sheen on the surface, discolorations, turbidity, odors, and source(s) of any observed pollutants. Tetra Tech will retain a supply of various bottles to collect samples for non -visible pollutant monitoring if necessary. Field measurements, stormwater discharge observations, and rain gauge readings will be recorded on the inspection forms, which will be submitted (electronic, PDF) to the City, generally within 24 hours of the event.
2.1.5 Review SWPPPs Submitted to the City
Tetra Tech has developed and reviewed hundreds of SWPPPs and has a high degree of knowledge of the permit requirements, as well as industry standard for BMP implementation —under contract to the California Stormwater Quality Association (CASQA), we updated the last version of three BMP Manuals, including the Construction BMP Manual, which included new Linear Project SWPPP templates that we developed.
Therefore, we are highly versed on the content and application of its BMPs and have also used the Caltrans Construction BMP Manual. We are also very familiar with the City's waterways, drainage channels, retention basins, etc. that could receive runoff from
construction projects. Thus, we are well -suited to review construction SWPPPs on behalf of the City with attention to detail. Tetra Tech will verify the submitted SWPPPs have permit -required features, including but not limited to:
• Project description;
• Pollutant source assessment;
• Site -specific BMPs to address all potential pollutants; • Risk assessment;
• Vicinity and site maps, based on engineering drawings that contain all CGP-required features;
• Monitoring and reporting plan;
• Post -construction details and reference to the SCP and O&M Plan; • Example/template forms; and • Signed Certification Statement.
Tetra Tech's comments will be recorded and communicated to the City in the preferred format (i.e., email summary, comment spreadsheet matrix, balloon comments in the document, etc.). Comments will be accurate and concise. Tetra Tech would also be able to re -review updated SWPPPs submitted if needed.
2.1.6 Provide NOT Final Inspections
Tetra Tech will perform NOT final inspections to verify the following conditions are be met for CGP enrollment termination:
• The site will not pose any additional sediment discharge risk than it did prior to the commencement of construction activity;
• The site has no potential to discharge construction -related pollutants into stormwater runoff;
• Final stabilization (defined below) has been reached; o Construction materials and wastes have been disposed of properly; o Compliance with the Post -Construction Standards in General Permit Section XIII has been demonstrated;
o Post -construction stormwater management measures have been installed (if applicable) and a
long-term maintenance plan has been established; and
o All construction -related equipment and materials and any temporary BMPs no longer needed are removed from the site.
Final stabilization condition is attained by one of the following methods:
• 70% final cover method (demonstrated by photographs of the site); • RUSLE or RUSLE2 method (demonstrated by computation); or • Custom method (demonstrated in some other manner than 70% cover or RUSLE methods that the site complies with the "final stabilization" requirement in General Permit Section II.D.1.a). Given the arid climate on the Central Coast, the State Board has issued guidance for allowable non -vegetative stabilization measures for final stabilization. Tetra Tech will take this into consideration when assessing whether NOT conditions have been met. We will use available resources, such as pre -construction photos, historical aerial photography available, validation of provided calculations, figures, plans, etc.; and best professional judgement to make a determination.
2.1.7 Provide PCR Final Inspections
Upon direction from the City, Tetra Tech will perform inspections at construction sites with post -construction features installed to verify the structure(s) have been installed per the City -approved plans. Tetra Tech will review all plans , photos, and communication documentation submitted by the contractor that describes work performed. Ideally, post - construction verification inspections are conducted during critical design life points in the construction process, e.g., pipe bedding, pipe connections, compaction, pipe slopes, pipe lengths and construction materials used. When possible, these verification inspections can be performed during the regular oversight inspections and would verify during rain - event inspections that runoff from construction activities is not discharging to the post - construction features. However, if this isn't possible, Tetra Tech will base the final verification solely on best judgement and available documents, photographs, forms, manufacturers' recommendations, and written communication.
CAPITAL PROJECTS STORMWATER INSPECTION AND STORMWATER
POLLUTION PREVENTION PLAN (SWPPP) COMPLIANCE
2.2.1 Perform Site Inspections
Similar to the tasks described in Section 2.1.1 herein, Tetra Tech will be available to perform site inspections (weekly, pre -rain, during -rain, post -rain, etc.). Tetra Tech will track weather conditions and schedule inspections appropriately. Applicable projects will be tracked, and inspections will be scheduled with the City and on -site staff. During inspections, Tetra Tech will verify site conditions match the SWPPP and supporting documentation, unless site conditions warrant deviations; in which case, modifications will be noted in the inspection reports. Additionally, needed SWPPP updates will be included in the reports. BMP deficiencies will be communicated to on -site staff whenever possible.
2.2.2 Prepare Inspection Reports
Tetra Tech will prepare accurate and concise inspection reports that include the items noted in Section 2.1.2 herein, as well as other information, such as activities completed, BMPs that are being implemented and those that need maintenance or other action. Tetra Tech may use pre -populated iPads to record findings and populate inspection forms in the field to maximize efficiency. Photographs will be used to give an overview of site conditions and BMP performance. Inspection forms (reports) in electronic format will generally be submitted to the City within 24 business hours of the inspection.
2.2.3 Perform Re -Inspections
As needed, Tetra Tech will perform re -inspections to follow-up on site conditions or BMPs in need of installation or maintenance. Per the CGP, BMP corrections are to be initiated within 72 hours of the finding. Finding will be documented in inspections reports and will be communicated to on -site construction staff during the inspection whenever possible.
Actions in need of immediate correction will be presented to Public Works as soon as possible.
2.2.4 Rain Event Inspections and Sample Collection
As described in Section 2.1.4, Tetra Tech's QSP or QSP delegates will perform track all storm events. Pre -rain inspections will be conducted within 48 hours of storm events with at 50% chance or greater of precipitation. The focus of these inspections is to assess BMPs that are being implemented and those that need maintenance or other action in preparation for the storm. During rain and post -rain inspections (within 48 hours following the event) will be conducted for storms yielding 0.5 inches or greater of precipitation. The focus of these inspections is to assess the effectiveness of the BMPs during the storm and the need for repair or maintenance after the storm. All finding will be documented in the inspection reports with supporting photo documentation. Tetra Tech will conduct stormwater monitoring at Risk Level 2 or 3 Capital Project constructions sites during storms that produce 0.5 -inch or more of precipitation at the time of discharge. Tetra Tech will prepare and calibrate field equipment, collect field measurements, and conduct visual monitoring of stormwater discharges. Our staff is skilled at assessing the appropriate location to collect samples that are representative of discharges from construction activities. Stormwater grab samples will be analyzed in the field for pH and turbidity three times per day 1 during qualified rain events (or at the frequency desired by the City). Tetra Tech will use care to collect samples that are representative of the quality and quantity of runoff from construction activities. Additionally, if samples exceed the CGP's Numeric Action Levels (NALs), the inspector/sampler will attempt to coordinate with on -site staff during the inspection to rectify the issue causing the exceedance and inform the City as soon as practical. Field data will be recorded on the SWPPP's Sampling Activity Log.
Visual observations will include noting the presence or absence of floating and suspended materials, a sheen on the surface, discolorations, turbidity, odors, and source(s) of any observed pollutants. Stored or contained stormwater that will likely discharge after operating hours due to anticipated precipitation will be observed prior to its discharge and during operating hours. Field measurements, stormwater discharge observations, and rain gauge readings will be recorded on the inspection forms, which will be submitted (electronic, Adobe PDF) to the City, generally within 24 hours of the event. All stormwater monitoring results that exceed the Numeric Action Level for pH or turbidity must be electronically submitted to the SWRCB via SMARTS no later than 10 days after the conclusion of the storm event.
Rain event response will include preparing REAPs 1, which are developed when rain is predicted at 50% chance or greater, as per NOAA's website. A Tetra Tech QSP will develop a REAP for each qualified storm event using the REAP form provided in the SWPPP or the California Stormwater Quality Association's REAP template. The completed REAP (electronic, PDF) will be submitted to the City prior to the qualified storm so that the REAP is on -site no later than 24 hours prior to the predicted storm event. The CGP requires retaining a copy of the National Weather Service Forecast Office's precipitation forecast with the REAP; this will also be submitted 2.2.5 SMARTS Support, Including NOI and NOT We have provided every aspect of SMARTS support to our construction stormwater clients, including populating.
Notices of Intent (NOIs) and Notices of Termination (NOTs), preparing Erosivity Waivers, uploading documentation, preparing ad hoc and annual reports, submitting changes of
information and changes in Legally Responsible Persons (LRPs), and troubleshooting.
Additionally, Tetra Tech has supported numerous clients with approved Notices of Non - Applicability (NONAs), which will be a potential permit offramp in the next version of the CGP (September 2022 adoption date). Tetra Tech is currently a Data Submitter for the City's Utilities Department and is able to manage all necessary Capital Project stormwater documentation in SMARTS for the City's LRP review and certification, once linked to the specific projects. Tetra Tech would make the City aware of upcoming due dates with sufficient time to certify and/or pay application fees to the State Water Board.
2.2.6 Provide Final NOT Inspections
Tetra Tech will perform inspections when a Capital Project is complete, similar to those described in Section 2.1.4 herein; however, if the QSD/P determines the site is not sufficiently stabilized or otherwise does not meet the CGP's NOT requirements, Tetra Tech will make recommendations to enable termination of the permit. All findings during the final NOT inspections will be documented in inspection reports (see Section 2.2.2).
Photographs taken during these inspections may be used to populate the photo log needed to complete the NOT in SMARTS. If a NOT is submitted and the Regional Board requests additional information or rejects the NOT, Tetra Tech will make additional recommendations to remedy their requests and coordinate with the Regional Board through CGP termination.
2.2.7 Provide Final PCR Inspections
Upon direction from the City, Tetra Tech will perform inspections at Capital Project construction sites with post -construction features installed to verify the structure(s) have been installed per the City -approved plans and the PCRs. Ideally, post -construction verification inspections are conducted during critical design life points in the construction process, e.g., pipe bedding, pipe connections, compaction, pipe slopes, pipe lengths and construction materials used. When possible, these verification inspections can be performed during the regular inspections (weekly, rain -event, etc.); it would also be verified during rain -event inspections that runoff from construction activities is not discharging to the post -construction features. Additionally, it would be preferred that Tetra Tech be in contact with the developer through throughout installation of post -construction features to review photos and videos of the installation. This is an efficient, cost -save mechanism that we have found to be effective. Tetra Tech will base the final verification on best judgement and available documents, photographs, forms, manufacturers' recommendations, and written communication.
EXHIBIT "B"
PAYMENT
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not -to -exceed cost of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) in fees for all work under this contract. City shall prepare written authorization to proceed for specific tasks prior to authorization. These tasks_shalll he determined on an as -needed and on-callbasis.l
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project task based on the billable charges.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subConsultants, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
EXHIBIT "C"
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately
to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City.
The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form or an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 0413 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims -made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH,
INC., TO CONDUCT CONSTRUCTION STORMWATER
INSPECTION SERVICES
WHEREAS, the Department of Public Works administers State and Federal pollution prevention policies for stormwater runoff, verifying that appropriate stormwater permits, and plans are in place before the commencement of construction; and WHEREAS, throughout the construction process, applicants are required to implement stormwater best management practices as outlined in the plan(s) required for the project. Stormwater best management practices are required year-round in the City of Santa Maria; and
WHEREAS, periodic inspection of construction sites is necessary to ensure compliance and the amount of inspection requires professional services in addition to the Public Works Department staff; and
WHEREAS, following a Request for Proposals, Tetra Tech, Inc., was found to be responsive and most qualified to provide the construction stormwater inspection services needed.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. The City Manager or designee is authorized to approve and execute on behalf of the City a Professional Services Agreement with Tetra Tech, Inc., and
2. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 17th day of January 2023.
ATTEST:
Chief Deputy City Clerk
2 Mayor
APPROVED -A
City A orney
APPROVED AS TO CONTENT:
Department Director
City Manager